• Legality of property

I wish to buy a property that has agreement between developer and one old lady say 'a' in the year 1989. It was only a simple agreement that was not registered. Later old lady transferred here property to her daughter in law say 'b' in 1991 this agreement was also not registered. in the year 1993 co-operative society has been formed and share certificate is issued in the name of daughter-in-law in the year 1993-94 around. in the year 1994, old lady á' expired. In the year 1995, daughter-in law 'b' registered the property with giving declaration that old lady is no more exisiting so she is registering the property herself.
Now daughter in law wish to sell this property with assurance that she will bear all cost/penalties towards registering that has not been done earlier in the first sell. please advise..
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

1) the agreement between builder and original purchaser is not stamped and registered and is not admissible in evidence

2)dont purchase the property

3) you would find it difficult to get bank loan for purchase of property

4) further in case you desire to sell the property you would have problems

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Check whether the old lady has any other son or daughter live or their children.

2. Nomination of society flat in favour of daughter in law is allowed in many states. So check this n your state also.

3.By nomination only the title does not pass.

4. To make the daughter in law owner of the proeprty provided the nomination is valid for daughter in law, it also requires a registered deed of gift or Will to make the daughter in law its sole owner.

5. However if in your sale deed the other legal heirs of the old lady signs as confirming party then there is no problem though you should get all the papers checked by a local lawyer.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) sale deed can be registered only within maximum period of 8 months

2) it cannot be registered after 28 years

3) builder can execute deed of confirmation have it stamped and registered

4) sale deed can be enclosed to said deed of confirmation

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. A property can be sold only through a registered sale deed, not an agreement. Without a threadbare perusal of all the documents involved in the title of chain it is not possible to state who is the title holder of the property. So you must consult a local lawyer with a copy of the documents.

2. Even a document that is past its limitation within which it is to be registered, can be registered if the sub-registrar allows the registration on payment of penalty.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Now daughter in law wish to sell this property with assurance that she will bear all cost/penalties towards registering that has not been done earlier in the first sell. please advise..

There is a legal complication in this.

The transfer of property made by executing a settlement deed in favor of the daughter in law by the old lady should have been made by a registered deed and an unregistered deed will keep the title open upon the death of the old lady.

What about her son i.e., the husband of the daughter in law? and what about any other legal heirs to the old lady.

Next question what is the fate of the unregistered agreement made with the developer by the old lady?

There are certain issues to be answered, hence it would be better to obtain a legal opinion from a local lawyer by producing all the relevant papers before him/her and get a proper opinion before purchasing the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Daughter-in-law says, developers is ready to transfer this property to their name with applicable penalties on stamp duty & registration for old unregistered documents. Is there any penalty for stamp duty & registration for old unregistered documents.

Please be aware that an unregistered document cannot be registered at the whims and fancies of the person desirous of getting it registered at anytime that too after so many years.

The daughter in law may tell thousand stories in order to get away somehow.

She will not turn up for the litigation which may arise at a later stage in this regard.

You should consult a local lawyer, take his opinion without fail before buying the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) i disagree. title is not clear and marketable

2) the agreement between builder and original purchaser is not stamped and registered and is not admissible in evidence

3) old lady transferred here property to her daughter in law in 1991 this agreement was also not registered.

4) the seller has informed you that developers is ready to transfer this property to their name with applicable penalties on stamp duty & registration for old unregistered documents.

5) registration can be done only within period of 8 months with penalty and not after 28 years

6) if builder is willing to execute deed of confirmation then you can consider purchase of the flat

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) registration of sale deed can be made only within 8 months with penalty

2) in present case sale deed executed in 1989 by builder in favour of original owner and is unregistered

3) builder can execute ded of confirmation that property was sold by him in 1989 to the original owner

4) enclose copy of un regd sale deed

5) stamp duty and registration charges can be paid on deed of confirmation

6) submit copy to the society for its records

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Now daughter in law wish to sell this property with assurance that she will bear all cost/penalties towards registering that has not been done earlier in the first sell. Daughter-in-law says, developers is ready to transfer this property to their name with applicable penalties on stamp duty & registration for old unregistered documents. Is there any penalty for stamp duty & registration for old unregistered documents.

Just because she could manage to transfer the shares of the property in the society on her name, the daughter in law cannot claim the title to the property because the agreement in her name by her mother in law was not a registered document.

What about the legal heirs of the deceased mother in law?

What will you do if the other legal heirs of the deceased appear now and claim their respective share in the property.

The court in a partition suit shall declare the sale deed on your name as invalid and not binding on other legal heirs because the daughter in law has no rights as a legal heir to the deceased when her husband, i.e., the son of the deceased mother in law is alive. At that time will you run behind the vendor and court leaving all your work?

Nature of mortgagors right title and how it is derived:-

-the said property is free-hold and by the way declaration dated 13.06.1995 the mortgagor has got the title

to the said flat (this declaration is the only documents that is registered).

What is the basis of this declaration by the vendor declaring herself to be the successor in interest to the deceased property owner, what about other legal heirs/successors in interest?

The contents of the legal opinion are of standard format and routine in nature.

The lawyer who has rendered this opinion did not go into the aspects of succession by any other legal heirs.

But you cannot commit the same mistake.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Means whether freshly builder has to execute deed of confirmation and registered with daughter-in-law and or her husband (son of the deceased old lady) but in the co-operative society is it possible?

If a son is alive to the deceased property owner, then he has to execute the sale deed as a legal heir to his deceived mother and not the daughter in law, who has no rights or authority to do so.

Actually the cooperative society should have insisted on it, whereas she, the daughter in law has managed to get the things in her favor using her influence. The purchase of property can be postponed for taking a proper legal opinion from a different lawyer.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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